Consumer / Non Business Online Terms and Conditions
your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information required by law.
Only available in English
PLEASE READ IN FULL
We, us, our or ‘MGM’ means MGM Timber (Scotland) Limited registered in Scotland with Company Number SC 0129921 whose registered office is at Donaldson House Saltire House, Pentland Park, Glenrothes, Scotland, KY6 2AG
VAT No. 502 7683 53
Tel. 01738 472100 – Local rate.
You or your means the person using our site to buy goods from us.
1.1Below, we set out how a legally binding contract between you and us is made.
1.2You place an order on the site by following the onscreen prompts after clicking on the item you want to purchase. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
1.2.1All orders are subject to stock availability. If we are unable to supply any of the goods that you have ordered we will inform you as soon as possible. In the event that a product that is out of stock is part of an order and we cannot contact you, we will send what goods we have in stock, refunding the purchase price of any unavailable product where payment has already been made.
2Returns / Termination of contract
2.1You have the right to cancel this contract within 14 days without giving any reason.
2.2The cancellation period will expire after 14 days from the date of delivery to you or your collection of the goods from a trade counter (as applicable).
2.3To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email) to the delivering branch of MGM
2.2To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
2.5The right to cancel the contract set out above is subject to the following exclusions:
2.5.1goods which are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications will not be exchanged or refunded unless they are faulty or incorrectly delivered;
2.6If you cancel this contract prior to delivery, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
2.7We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
2.8We will make the reimbursement without undue delay, and not later than:
2.8.114 days after the day we received back from you any goods supplied; or
2.8.2(if earlier) 14 days after the day you provide evidence that you have returned the goods; or
2.8.3if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
2.9We will make the reimbursement using the same means of payment as you used for the initial transaction, you will not incur any fees as a result of the reimbursement.
2.10If the goods have been delivered to you:
2.10.1you shall make the goods available for uplift by the delivering Branch without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us.
2.10.2you will have to bear the direct cost of returning the goods, payable before the day of collection.
2.10.3you are only liable for any reduction in the value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
3Delivery of goods
3.1The estimated date and time window for delivery of the goods will be discussed on the telephone once we have received your order by the nominated Branch. This will be within 30 days of the order being received.
3.2If something happens which affects the agreed date of delivery we will contact you to agree an revised date for delivery of the goods.
3.3Delivery of the goods will take place when we deliver them to the address provided by you when the order was placed.
3.4If nobody is available to take delivery, please contact us using the contact details from the delivery branch. Contact details can be found on your order confirmation.
3.5You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
3.6We may deliver your goods in instalments.
3.7Unless otherwise agreed in writing, our delivery price includes the cost of delivery on weekdays during our normal working hours of 8.30am and 5.00pm.
3.8Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will cancel your order and process your refund
4.1We accept Visa and MasterCard credit cards and Maestro, Delta, Visa, Electron and Solo debit cards. We do not accept 'prepaid' credit cards.
4.2We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
4.3All payments by credit card or debit card need to be authorised by the relevant card issuer.
4.4Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 2.
5Nature of the goods
5.1The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods are of satisfactory quality; are fit for purpose and match the description.
5.2We must provide you with goods that comply with your legal rights.
5.3We will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of our goods (and their packaging) in the images that appear on the website and in our catalogues and other media. However, we do not guarantee that the images, appearance and other detailing that appear on the website and in our catalogues and other media will exactly reflect the colour, appearance or detailing of the physical goods (or its packaging). The goods (and their packaging) may vary slightly from those images.
5.4Natural goods may show some colour variation. To the extent permitted by law, we accept no liability associated with such variations.
5.5Any information on the website and in our catalogues and other media regarding sizing, weights, capacities, specifications, dimensions and measurements of goods is included as a guide only. If you are concerned about the precise size, weight, capacity, specifications, dimensions or measurements of any goods you require, we recommend that you contact us prior to placing an order and/or purchasing goods.
5.7The prices displayed on the website may be different prices for the same goods purchased in the stores. These prices may be higher or lower.
5.8All prices are subject to change without prior notice.
5.9Our ability to supply the goods is subject to us holding them in stock or being able to obtain them. If on receipt of your order, the goods you have ordered are not available either in stock or by special order we will inform you as soon as reasonably possible and if we are unable to obtain them in an agreed time we will refund or re-credit you for any sum that has been paid by you or debited from your credit card or debit card for the goods.
5.10Whilst we try to maintain continuity of supply in relation to our product lines, we reserve the right to discontinue any goods at any time and we shall be under no obligation to supply you with discontinued goods in the future. If you have already placed your order, we will notify you as soon as reasonably possible that the goods are not available and offer you an alternative product if one is available or a full refund.
5.11In the case of certain goods, variations may arise in the finish of those goods where they originate from different factory batches. We shall not be liable for any loss caused by such variation where such variation does not diminish the quality of the goods and where goods bought for a specific job or purpose are not purchased at the same time.
5.12We take every precaution in the preparation of our catalogues, technical circulars, price lists and other literature, but these documents are for your general guidance only and do not form part of the contract (in the absence of fraud on our part). If you require advice in relation to the goods, a specific request for advice should be made.
Some of our goods are sold with a manufacturer’s warranty or guarantee. The goods description will provide details of any warranty or guarantee. Any compliant, query or claim under the manufacturer’s guarantee must be made direct to the manufacturer. These rights are in addition to your statutory rights.
7.1Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out below.
Summary of your key legal rights
For goods the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
7.2Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
8Limitations on our responsibility to you
8.1Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
8.1.2business losses; and
8.1.3losses to non-consumers.
9.1We will try to resolve any disputes with you quickly and efficiently.
9.2If you are unhappy with:
9.2.2our service to you / other matter
9.3If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
9.3.1let you know that we cannot settle the dispute with you; and
9.4If you want to take court proceedings, the relevant courts Scotland will have exclusive jurisdiction in relation to this contract.
9.5If any of these terms are unenforceable as drafted:
9.5.1it will not affect the enforceability of any other of these terms; and
9.5.2if it would be enforceable if amended, it will be treated as so amended
9.6In the event of any conflict or inconsistency with any other communication, including advertising, marketing or promotional material, these Terms shall prevail.
10Third party rights
No one other than a party to this contract has any rights under same.